Judiciary B

Judiciary B

First-degree murder; include unlawful distribution of controlled substances, when the distribution is proximate cause of death.

Dead

Analysis:
This bill attempts to radically change the definition of first-degree murder to include actions that under normal circumstances would not be included. Legal precedent holds that first degree murder is that which is willful and premeditated, the sale of drugs that leads to death is often neither and even if it is, this is for a judge to decide. While there certainly is a degree of liability owed to those who profit from the sale of dangerous substances in the event of a death, legislating that these crimes always constitute murder in the first degree is irresponsible and erodes the principle of personal responsibility.

Traffic ticket quotas; prohibit state and local agencies from establishing.

Dead

Analysis:
This bill eliminates the practice of law enforcement agencies assigning arrest and citation quotas to their officers. Law enforcement agencies that engage in this practice denigrate the legitimacy of the criminal justice system and change the nature of law enforcement from one bent on curbing crime to one focused on creating criminals out of citizens. This legislation invites justice and principled police work back into Mississippi communities where quotas are unjustifiably used to create a justice system that works for the state as opposed to for the people.

Analysis:
This bill outlaws the sale or distribution of real or synthetic urine for the purpose of affecting the results of a drug test. Penalties of a $1,000 fine and 6 months imprisonment are included. Attempting to cheat a government-administered drug test is already a crime, the crime should belong to the person responsible for the wrongdoing, not anybody who the state deems is loosely-connected with the crime.

Nonadjudication of criminal case; includes crimes listed as crimes of violence under Section 97-3-2 for felonies.

Alive

Analysis:
This bill allows for the non-adjudication of those who enter guilty pleas to crimes of violence. Non-adjudication allows for the court to take rehabilitative measures for qualifying defendants as opposed to jail time. Rehabilitation is always preferable over jail time as it saves the tax payer money and is shown to result in fewer cases of recidivism.

Analysis:
This bill creates a universal policy for all colleges and universities in the state regarding sexual assault prevention and response. It provides the institutions of higher learning with broad authorities and responsibilities including the authority to adjudicate alleged incidents regarding sexual crimes. While the goal of this bill is worthy, it saddles our institutions of higher learning with unfunded mandates and raises concerns about the protection of due process with in-house adjudication of these incidents.

Analysis:
This bill creates an "open container law" that holds that the operator (driver) of any motor vehicle is to be considered "in possession" of any open container found in the vehicle, even of the open container is physically in the possession of someone else in the passenger seat. This is an affront to personal liberty and carries with it a minimum fine of $100.

Nonadjudication and pretrial intervention; authorize completion of workforce training as a condition that the court may impose.

Dead

Analysis:
This bill authorizes the successful completion of a workforce training program to be counted as a stipulation in a pre-trial agreement. Completion of a workforce training program is ultimately a better solution for some would-be criminals than jail/prison.

Analysis:
This bill expands the number of convictions related to controlled substances that are eligible for expungement. This will make it easier for non-violent offenders to become employed and will reduce chances of recidivism.

Certificate of rehabilitation; authorize those convicted in another state to apply for a.

Alive

Analysis:
This bill authorizes Mississippi inmates who were convicted of felonies out of state to apply for certificates of rehabilitation in Mississippi. These certificates will be easier to obtain for these inmates with the change offered in this legislation.

Driver's license; require Department of Public Safety to allow official identifying document of MDOC to suffice for.

Alive

Analysis:
Allows official MDOC documents as qualifying documents in lieu of a birth certificate or social security card for ex-offenders. This will make it easier for ex-offenders to get a driver's license.

Law enforcement officers; allow to contest and undergo second test before termination or suspension without pay after failed urine test.

Dead

Analysis:
This bill allows law enforcement officers to request hair follicle testing in the event of a failed urine test that tests positive for drugs. The officer must make the request in 2 days and must pay for the hair follicle test out of pocket if the test affirms the results of the urine test. This allows officers an avenue to ensure they are treated fairly with regards to these tests in a way that does not harm the integrity of the substance testing process.

Analysis:
This bill creates the offense "Hazing in the 3rd degree". The main difference here is that 3rd degree hazing is a felony, while 1st and 2nd degree hazing are misdemeanor crimes. Other offenses for hazing, 1st and 2nd degree, did not include stipulations for forced alcohol consumption, which this new offense does. This 3rd degree crime covers serious bodily injury as well as death. Ultimately this bill increases penalties for hazing and provides for separate and distinct offenses under the law for hazing related injuries and deaths. Hazing injuries and deaths have become commonplace nationwide. The proper sentencing of offenders of these crimes is just and helps to discourage further incidents like these from occurring on college campuses.

Analysis:
This bill enacts sentencing reforms that limit the application of long prison sentences under Mississippi’s “three strikes” habitual law for nonviolent drug offenses. Rehabilitation and return of non-violent offenders to society keeps the taxpayer from footing an even more costly bill for the state's justice system, puts more fathers back into what would be fatherless homes, and helps solve the current crisis of prison-overcrowding.

Law enforcement; allow off-duty use of official vehicles while performing security services in off-duty hours.

Alive

Analysis:
This bill authorizes off-duty police officers to utilize their government police vehicles when operating as private security while off-duty. Law enforcement officers are of course free to work as private security officers in an off-duty capacity during their free time. However, they are not entitled to public resources while operating independently from doing government work. While employed in a private setting, law enforcement officers are being compensated by that private entity and are not working for the public at that moment. Police vehicles are public property and should only be used by public officials performing public duties, anything else is a misuse of public moneys and resources. It is not the taxpayer's responsibility to foot the bill for police officer's transportation while he/she is off-duty and engaged in private employment.

Analysis:
This bill removes the stipulation that holders of Commercial Drivers Licenses are not eligible for non-adjudication, revises 4th DUI offenses only to be enacted if previous 3 occurred within 5 years and adds the option of 5 year suspension of license in lieu of 10 year ignition-interlock requirement.

Analysis:
This bill revises and clarifies when and how communication between victims of domestic violence and other sex crimes and their certified advocates can be disclosed. It removes the possibility of civil liability of those who disclose information of the communication and removes the stipulation that employees of domestic violence shelters cannot be forced to testify in court.

Analysis:
This bill provides for the creation of a slew of new government jobs and establishes a new fund for the purpose of providing care to those afflicted by human trafficking and sexual exploitation. While this is a worthy cause, the state government simply does not have any more of the taxpayer's dollars to spend on non-essential functions of government. The private sector offers solutions and care to Mississippians at no expense to the taxpayer. The state government should focus on attacking the criminal activity at the root cause of this issue, not spend tax payer dollars on programs that already operate in the private sector.

Analysis:
This bill makes it a felony crime for convicted sexual offenders to contact in any way their victim(s) for the remainder of their life. This rightly protects victims of sexual crimes and promises swift punishment to sexual offenders who would seek to repeat their crimes.

Analysis:
This bill requires that a judge determine, with or without a hearing, whether probable cause is clearly evident before an arrest warrant is issued against a person for an alleged criminal act. This will strengthen due process and help prevent frivolous prosecutions of Mississippians.

Analysis:
This bill simplifies and standardizes parole requirements for Mississippi’s inmates in an attempt to remove the uncertainty that currently plagues the process, giving inmates, their families and Mississippians a clearer idea of what to expect as far as parole is considered. The bill also makes it easier for parole board officers to order psychiatric/psychological evaluations on inmates in order to assist them in making the best decision regarding parole. In addition, the bill mandates that correctional facilities must submit a rehabilitative case plan for all inmates who will be eligible for parole within 90 days of incarceration. As a whole, this bill holds Mississippi’s correctional facilities more accountable by defining a set parole criteria and ensuring that the facilities are focused on rehabilitation as a priority for Mississippi’s inmates.

Local government police vehicles; allow off-duty use under certain circumstances.

Alive

Analysis:
This bill authorizes off-duty police officers to utilize their government police vehicles when operating as private security while off-duty. Law enforcement officers are of course free to work as private security officers in an off-duty capacity during their free time. However, they are not entitled to public resources while operating independently from doing government work. While employed in a private setting, law enforcement officers are being compensated by that private entity and are not working for the public at that moment. Police vehicles are public property and should only be used by public officials performing public duties, anything else is a misuse of public moneys and resources. It is not the taxpayer's responsibility to foot the bill for police officer's transportation while he/she is off-duty and engaged in private employment.

Analysis:
This bill increases penalties for all felonies (violent and non-violent) in Mississippi and includes increased penalties for those believed by the state to be partaking in gang activity. "Gang activity" is a loose term that can be applied to almost any criminal act including non-violent ones, this will result in longer sentencing and stricter penalties based on loose and ill-defined terminology, not actual crime. This legislation substantially lowers the burden of proof for gang-related activity to the lesser "preponderance of the evidence" standard. Furthermore, it takes mothers and fathers out of Mississippi's homes and puts them into Mississippi's prisons at a time with vast prison overcrowding and an overwhelmed corrections system.

DUI; nonadjudication of a first offense for CDL holder who was not operating a commercial vehicle.

Alive

Analysis:
This bill permits the non adjudication of the the first DUI offense for a Commercial Drivers License holder provided he or she was not operating commercial vehicle at the time. Holders of CDLs are entitled to the same treatment under the law as any other Mississippian, especially when operating a non-commercial vehicle. Holding someone to a different legal standard because of an arbitrary characteristic, such as holding a license of any kind, is simply unjust.